Version: V20230424

General terms and conditions of sale (GTCS)

ARTICLE 1 - GENERAL
These General Sales Conditions ("GSC") apply to all goods sold by MedSkin-Precision Sàrl (hereinafter the "Company"). The term "Customer" refers to any individual, legal entity or company having entered into a sales contract with the Company. Other special or specific contractual provisions in written form, such as individual agreements, take precedence over the GTC. The current contractual version of the GTC is published on the Company's website www.medskin-precision.ch.

ARTICLE 2 - DELIVERY
Delivery is made DDP INCOTERM to the Customer's home. The delivery times indicated by the Company are given as an indication and do not constitute a firm commitment. In the event of delay due to a third party (late delivery, strike, accident, etc.), the agreed delivery times are automatically extended by the duration of the delay. Claims for compensation or cancellation of orders due to late delivery are excluded. The presumption of withdrawal from the business relationship pursuant to Art. 190, para. 1 of the Swiss Code of Obligations does not apply in this case. Changes to the order may result not only in additional costs, but also in delayed delivery. If the goods ordered are not accepted on the agreed date, the Company is entitled to store them at the customer's expense and risk, even with third parties. In this case, the warranty period begins on the day of storage.

ARTICLE 3 - PRICES
All prices mentioned in the Company's documents are quoted exclusive of tax (excluding VAT) and in Swiss francs (CHF). Price lists in foreign currencies may exist for certain markets in order to take account of exchange rates and particular delivery conditions. These foreign currency price lists are not applicable to deliveries outside these markets. The Company reserves the right to modify prices, even without prior notice. Invoicing includes VAT for sales in Switzerland and excludes VAT for exports, in accordance with current legislation. All ancillary costs, such as VAT, insurance, transit, import, authorizations, certifications, customs, etc., are at the customer's expense. In addition, the Customer must bear all types of taxes, fees and duties levied directly or indirectly as a result of the delivery, or reimburse the Supplier against presentation of the corresponding receipts, if the Supplier has had to advance the said costs.

ARTICLE 4 - RECEIPT
The customer must inspect the goods without delay after receipt. If the delivery does not correspond to the order, or if there are obvious defects, the customer must make a complaint in writing within 7 days of receipt, failing which he will lose his warranty rights. Subsequent complaints will not be accepted. The customer must report hidden defects as soon as he becomes aware of them, but at the latest before the expiry of the warranty period. Complaints do not suspend the obligation to pay. If the customer wishes to carry out inspections upon receipt of the goods, this must be agreed in writing. The customer is responsible for carrying out these checks. If the incoming inspection cannot be carried out within the agreed time limit for reasons for which the Company is not responsible, the goods are deemed to have been accepted.

ARTICLE 5 - WARRANTY
The Company grants a two-year warranty on new merchandise from the date of delivery. This warranty covers only manufacturing defects or defects in materials under normal conditions of use. Consumables (lamps, filters, plates, reflectors, crystals, laser cells, etc.) are excluded from this warranty. This warranty is in lieu of all other warranties, express or implied. The Company disclaims all implied warranties of merchantability or fitness for a particular purpose. In no event will the Company be liable for indirect, special, incidental or consequential damages, even if the Company has been previously advised of the possibility of such damages. The warranty will only be effective if the Company is informed by registered mail of the defects concerned during the warranty period. In the event of a defect, the Company's sole responsibility will be, at its option, to repair it with new or used spare parts, to exchange it for the same or a comparable model, or to take it back by granting the Customer a credit equivalent to the purchase price. This repair/exchange/take-back is free of charge under the warranty. However, shipping, return, travel and insurance costs associated with the repair/exchange/take-back are at the customer's expense. The Customer must enquire with the Company as to the exact conditions and costs before proceeding with the return. No returns may be made without prior authorization from the Company. The Customer is responsible for packaging, insurance and shipment to the repair center designated by the Company. Damage in transit is not covered by the warranty. It is the Customer's responsibility to pay transportation costs in advance. To protect the Company's employees from potential health hazards, the Company requires that merchandise and accessories be disinfected prior to return. Any merchandise not cleaned prior to shipment will be returned to the Customer at the Customer's expense. This warranty does not apply to defects resulting from :

- inadequate or inappropriate maintenance
- unauthorized modification or intervention
- operation outside specified conditions
- negligence or abusive or incorrect use
- rental or subletting of goods
- frequent transport and transshipment.

The Customer shall not be entitled to rely on the Company's decision or ability to select or supply suitable goods.

ARTICLE 6 - JURISDICTION
Any dispute arising from a sale is subject to Swiss law and falls within the exclusive jurisdiction of the court at the Company's registered office in Boussens/VD, Switzerland. Only the French version of these terms and conditions is binding.

General Warranty Conditions

MedSkin-Precision Sàrl (hereinafter referred to as the "Supplier") warrants, for the period indicated on the sales contract or invoice, from the date of original purchase, that the device referred to in this document is free from defects in materials and workmanship. Consumables are excluded from this warranty. This warranty is in lieu of all other warranties, express or implied. The Supplier disclaims all implied warranties of merchantability and fitness for a particular purpose. In no event will the Supplier be liable for indirect, special, incidental or consequential damages, even if the Supplier has been advised of the possibility of such damages.

The warranty will only be valid if the Supplier is informed in writing of the defects concerned during the warranty period. In the event of a defect, the Supplier's sole responsibility will be, at its discretion, to repair the device with new or used parts, to replace it with the same or a comparable model, or to take it back by granting a credit to the purchaser (hereinafter referred to as the "Owner") equivalent to the purchase price. This repair/exchange/take-back is free of charge under the warranty.

No returns may be made without prior authorization from the Supplier. The Owner is responsible for packaging, taxes, insurance, risk and shipment to the repair center designated by the Supplier. Transport damage is not covered by the warranty. It is the Owner's responsibility to pay transportation costs in advance. In order to protect the Supplier's employees from potential health risks, the Supplier requires the unit and its accessories to be disinfected prior to return. Any product not cleaned prior to shipment will be returned to the customer at the customer's expense.

The warranty does not cover defects resulting from :

- improper or late maintenance
- unauthorized modification or intervention
- operation outside the specified conditions
- negligence or improper or incorrect use
- improper transport or relocation of the device
- rental or subletting of the device to a third party.

The above warranty shall not be extended, reduced or modified by the Supplier, and no obligation or liability shall arise from the Supplier, its authorized distributors or any person providing services, assistance or technical advice in connection with the Owner's order of the products supplied relating to the device referred to herein. The Owner may not rely on the Supplier's decision or ability to select or supply suitable products.

Any dispute which may arise between the parties concerning the formation, performance or interpretation of this contract shall be subject to the exclusive jurisdiction of the courts of the place of domicile of the Provider's registered office, in accordance with Swiss law. Only the French version of these terms and conditions is binding.

General service conditions

ARTICLE 1 - QUOTATIONS
Quotations requested by the customer and supplied by Medskin-Precision Sàrl (hereinafter referred to as the "Service Provider") constitute, unless otherwise stated, a firm commitment on the prices of after-sales services. In the event of a price variation of more than 10% in relation to the initial quotation, a supplementary quotation must be accepted by the customer. The quotation becomes an "intervention order" once it has been validated by the customer's signature. If the customer does not agree to the quotation, the cost of drawing up the quotation may be invoiced and payable in cash.

ARTICLE 2 - WORK ORDER
The Service Provider will issue a work order for any work to be carried out, at the latest when the equipment is taken over. It must indicate the operations accepted by the customer, as well as the foreseeable duration of the work, without obligation, and, where applicable, the date of return of the equipment. The intervention order is validated by the customer's signature.

ARTICLE 3 - AVAILABILITY ON SITE
If the equipment is not made available on the date and at the time agreed between the parties, waiting charges may be invoiced in accordance with the terms of the quotation or the special conditions.

ARTICLE 4 - DEADLINES
Performance deadlines are always given as an indication, starting from the time the equipment is made available. These lead times do not take into account any additional work not initially planned, or any unforeseeable delays due to a shortage of spare parts, delivery problems or events beyond the control of the Service Provider. Exceeding deadlines, whatever the cause, may not give rise to the payment of any compensation to the customer.

ARTICLE 5 - ACCEPTANCE OF WORK
The work report, which constitutes acceptance of the work, is given to the customer or his representative at the place of work. Once approved by the customer or his representative, with or without reservations, it constitutes the contractual document. In the event of non-acceptance by the customer or his authorized representative, the work report is sent directly to him. The report is then deemed to have been received, and the work accepted, if the customer has not expressed any reservations within three days.

ARTICLE 6 - LIABILITY
The Service Provider cannot be held responsible for any misuse of the machine, skin reactions or unsatisfactory results due to hormones or medication used by the customer. The Service Provider declines all responsibility in the event of non-compliance with Swiss standards by the premises where the machine is located.

ARTICLE 7 - GUARANTEE
No guarantee of results is given as a matter of course. Repairs carried out by the Service Provider and replaced parts are guaranteed for a period of six months from the date of intervention, unless explicitly stated otherwise.

ARTICLE 8 - INVOICING
Invoicing rules are determined either by the quotation, or on a flat-rate basis, or on an hourly basis according to the Service Provider's price list in addition to the equipment.

ARTICLE 9 - PAYMENT
After-sales services are payable in cash, net and without discount, in accordance with the terms of the quotation or the service report, and at the latest on return of the equipment or on completion of the service, unless otherwise agreed. In the event of non-payment by the customer, the Service Provider has the right of retention.

ARTICLE 10 - REPLACED PARTS
If the customer wishes to recover the replaced parts, it must specify this when drawing up the quotation or work order. Otherwise, the parts will be deemed to have been abandoned and the Service Provider will dispose of them, without liability to anyone else. The Service Provider may pass on disposal costs to the customer.

ARTICLE 11 - RETENTION OF TITLE
The Service Provider retains ownership of the parts incorporated in the equipment it has repaired until full payment for the repair has been received.

ARTICLE 12 - CASE OF FORCE MAJEURE
The occurrence of a case of force majeure has the effect of suspending the Service Provider's obligations. The parties agree that cases of force majeure are as follows: natural disasters, fires, floods, wars, riots, strikes, lock-outs, power and equipment failures, interruptions to transport or communications, and other events beyond the control of the parties.

ARTICLE 13 - PLACE OF JURISDICTION

Any dispute which may arise between the parties in connection with the formation, performance or interpretation of this contract shall be subject to the exclusive jurisdiction of the courts of the domicile of the Service Provider's registered office under Swiss law. Only the French version of these terms and conditions is binding.

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